Statistics Act 1975
Clause 3 provides that this Part amends the Statistics Act 1975 (the principal Act).
Clause 4 amends section 23 of the principal Act.
Subclause (1) amends section 23(1) by postponing from 2011 to 2013 the next census of population and dwellings. A census will have to be taken every 5 years after 2013.
A census was due to be taken on 8 March 2011 but the Proclamation giving effect to this was revoked by a Proclamation in the Gazette on 3 March 2011.
Subclause (2) adds new subsections (4) and (5) to enable the Statistician to appoint the day and timing of the 2013 census by notice in the Gazette. The notice must be given as soon as practicable after subsection (4) comes into force. The new subsections obviate the need for a Proclamation to be made in this case, but the Statistician's additional obligation under section 23(3) to publish information about the census in newspapers and by other means will apply to this census.
Statutes Drafting and Compilation Act 1920
Clause 5 provides that this Part amends the Statutes Drafting and Compilation Act 1920 (the principal Act).
Clause 6 inserts into the principal Act new sections 8B to 8D, which provide for the delegation of functions, responsibilities, duties, and powers by the Chief Parliamentary Counsel. The principal Act currently makes no provision for such delegations and this clause will remedy that deficiency. The clause implements a recommendation in the Law Commission's Report 107 (Review of the Statutes Drafting and Compilation Act 1920) and mirrors the general position of chief executives under the State Sector Act 1988.
New section 8B enables the Chief Parliamentary Counsel to delegate his or her functions, responsibilities, duties, or powers to any Parliamentary Counsel or other staff member of the Parliamentary Counsel Office. This provision is similar to section 12 of the Clerk of the House of Representatives Act 1988, except that it requires the Chief Parliamentary Counsel to put in place an appropriate delegation to enable a person to act in place of the Chief Parliamentary Counsel during any absence or incapacity of the Chief Parliamentary Counsel or during any vacancy in the office of Chief Parliamentary Counsel.
New section 8C relates to a person acting in place of the Chief Parliamentary Counsel while the Chief Parliamentary Counsel is absent or incapacitated or during any vacancy in the office of Chief Parliamentary Counsel, and ensures that the person acting in that capacity has the necessary legal authority to do so.
New section 8D provides for the revocation of delegations and is similar to section 13 of the Clerk of the House of Representatives Act 1988.